Appeals
The Law Office of Donald A. Brisson has been retained by people who have been found guilty at trial and are seeking to overturn their convictions. In these cases, we thoroughly review the trial record- including all pretrial motions, rulings, pretrial hearing transcript and the trial transcript-in order to identify legal errors which constitute grounds for relief. All issues are explored in depth and discussed with you, we will then write what is commonly called a brief. This is the legal document outlining the reasons for your appeal that is filed with the appellate court.
Is a New Trial Possible?
Don will also evaluate your case for grounds for a motion for new trial. Unlike direct appeals, new trial motions are not limited to the historical record of what transpired in court; rather, additional materials may be presented in the form of affidavits, documents and live testimony. In some cases, it is in the client’s interest to file and argue a new trial motion before proceeding with his or her appeal.
New Trials are not easily granted. Don won a motion for new trial after making a concerted effort to uncover mounds of new evidence by utilizing his investigator, experts and good old-fashioned hard work and tenacity, and was able to present that evidence in a manner that proved successful with his motion.
Whatever the course of action that is in your best interests, rest assured that your case will be thoroughly investigated, reviewed and researched. We will leave no stone unturned. It is not over after conviction; the fight goes on.
Representative Cases
Note: The cases described below are a sample of the quality of our work and our dedication to defending and advocating for people convicted of crimes. Every case is different, and there cannot be a guarantee of success every time.
Commonwealth v. P.M.
Bristol County
Indictment No. 2009-1182
Docket No. 2012-P-0722
We filed a Motion for New Trial in the Trial Court alleging the defendant received ineffective assistance of trial counsel. The defendant was tried and convicted of arson of dwelling. Historically, Motions for New Trial based on ineffective assistance of counsel are extremely difficult to prove. After six days of testimony, an 82-page memorandum and 187 pages of exhibits, the trial court wrote a 41-page decision granting the defendant a new trial because justice may not have been done due to the ineffective assistance of his trial counsel.
Commonwealth v. G. C.
Bristol County
Docket No. 99-P-240
Decision: 50 Mass.App.Ct. 1103, 2000. Unpublished Disposition.
Judgements reversed. Verdicts set aside. Judgements for the Defendant.
Commonwealth v. C. S.
Barnstable County
Docket No. 01-P-978
Decision: 58 Mass. App. Ct. 300(2003)
Convictions Reversed. Judgement for the Defendant.